Study on the Application of the Principle of Public Order and Good Faith in the Field of Marriage and Family

Caijuan Li

doi:10.47297/wspjclrWSP2516-249704.20240804

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Study on the Application of the Principle of Public Order and Good Faith in the Field of Marriage and Family

Volume 8, Issue 4

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Study on the Application of the Principle of Public Order and Good Faith in the Field of Marriage and Family
Study on the Application of the Principle of Public Order and Good Faith in the Field of Marriage and Family
Shaanxi University of Science and Technology, Hanzhong City, Shaanxi Province, 723000, China
Vol. 8, Issue 4, Pages: 34-38(2024)
Published： 19 December 2024 ，
DOI：10.47297/wspjclrWSP2516-249704.20240804
Accepted：

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CAIJUAN LI. (2024). Study on the Application of the Principle of Public Order and Good Faith in the Field of Marriage and Family. Journal of Commercial Law Review, 8(4), 34-38..
DOI：

CAIJUAN LI. (2024). Study on the Application of the Principle of Public Order and Good Faith in the Field of Marriage and Family. Journal of Commercial Law Review, 8(4), 34-38.. DOI： 10.47297/wspjclrWSP2516-249704.20240804.

摘要

Abstract

Article 8 of the Civil Code explicitly stipulates that the principle of public order and good morals shall be applied as a fundamental principle in civil law. Taking the judgement documents of 2022-2023 as an object

the basis for applying the principle of public order and good morals when hearing cases in the field of marriage and family in judicial practice is summarized. In this process

there are problems such as the lack of effective judicial interpretation of the principle of public order and good morals

mixing with the principle of honesty and trust

and the abuse of the principle of public order and good morals. The value and role of the principle of public order and good morals should be clarified

and the boundaries with other principles should be clearly delineated; and then the principle should be fully justified in judicial practice

and a unified evaluation system should be established.

关键词

Keywords

Judicial applicationEmpirical research

references

See Shanghai Songjiang District People's Court (2023) Shanghai 0117 Minchu 18538 Civil Judgment.

See Gansu Province Pingliang City Kongdong District People's Court (2023) Gan 0802 Minchu No. 2390 Civil Judgment.

Please refer to Civil Judgment No. (2023) Lu1602 Minchu 1561 of Bincheng District People's Court, Binzhou City, Shandong Province for details.

See Beijing Chaoyang District People's Court (2022) Beijing 0105 Minchu No. 61121 Civil Judgment.

See Xi'an Lianhu District People's Court (2023) Shaan 0104 Minchu 593 Civil Judgment.

Peng Saihong. On the judicial application of the principle of public order and good morals, in Xianghu Forum, No. 2, 2008.

Yu Fei. On the principle of honesty and credit and the principle of public order and morality of the difference between the application [J]. Law and Business Research,2005(2):124-129.

Yu Fei. The Modesty of Judicial Application of the General Provisions of the Civil Code on Public Order and Good Faith[J]. China Law Review,2022(4):52-61.

Xu Yawen, Li Ziqi. A practical study on the judicial application of the principle of public order and good morals, in Journal of Henan University of Science and Technology (Social Science Edition)2022, 40(2).

Ji Jianwen, Jing Wei. Judicial application of custom in the field of matrimonial property disputes: the perspective of Article 10 of the Civil Code, in Civil Law, Vol. 32.

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